Mrs Simone Henriksen1
1University Of The Sunshine Coast
The National Quality Framework (NQF) has been implemented to improve the safety and quality of alcohol and other drug (AOD) treatment and provide a nationally consistent approach to treatment quality in Australia. At the same time, concerns have been raised that, in the absence of appropriate regulatory structures to support the NQF, the quality and safety of AOD treatment services cannot be guaranteed in Australia. An effective enforcement strategy is critical to the ability of the NQF to provide a nationally consistent approach to the delivery of AOD treatment in Australia. The monitoring and enforcement strategy proposed by the NQF encompasses two different mechanisms. For specialist AOD treatment providers in receipt of government funding, monitoring and enforcement of the NQF will occur via contractual arrangements. For providers not in receipt of government funding, monitoring and enforcement will be managed by regulatory mechanisms as decided by each jurisdiction. This proposed enforcement strategy raises the question of whether contractual arrangements are the most effective mechanism for monitoring and enforcing the NQF in publicly funded specialist AOD treatment providers. In this paper, I consider whether a licensing regime may address the short comings that arise from the proposed strategy. I argue that the pluralistic approach to the monitoring and enforcement of the NQF will result in substantive differences in how the NQF is enforced both within individual jurisdictions and on a broader national level. A licensing regime, therefore, would be a more appropriate monitoring and enforcement strategy.
Biography:
Simone Henriksen is an Associate Lecturer in Law, School of Law and Society at the University of the Sunshine Coast. Simone is currently completing her PhD in law which focuses on the regulation of alcohol and other drug treatment in Australia. She has recently published two papers, ‘The National Quality Framework: The Benchmark for the Alcohol and Other Drug Sector in Australia’ (2022) 30(1) Medical Law Review 110 and ‘Misconduct in the Alcohol and Other Drug Treatment Sector in Australia’ (2022) 29(2) Journal of Law and Medicine 437. Simone brings an interdisciplinary approach to law having originally trained as a pharmacist and practised in this role for over three decades before becoming a legal academic and researcher.